The main legal point established in the judgment is that the destruction of rubber trees does not necessarily change the classification of land as a rubber plantation, as long as replantation is made within a reasonable period.

1. The appellant filed an application before the Forest Tribunal for a declaration that an extent of 102.78 acres of land is not a vested forest within the purview of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short'the Act'). The application was dismissed by the Forest Tribunal, except in regard to an extent of 2 acres which was found to be not a private forest. Hence this appeal.

2. The material averments in the application are as follows: He purchased the land described therein as per Ext.Al assignment deed dated 16-1-1972 and the said land is part of an extensive area planted with rubber for which a licence was issued by the Rubber Board in 1961 in favour of the predecessors-in-title of the appellant. The whole area was enjoyed as a full grown rubber estate by name "Mahe Malappuram Estate", until it was ravaged by successive out-breaks of wild fire during the period immediately prior to Ext.Al assignment. The appellant applied to the Rubber Board and obtained a licence for replanting rubber in this area and on the strength of the said licence planting operations were again made in the land. But due to continued labour unrest in the Estate it was not possible for the appellant to maintain the rubber plantation efficiently. Due to the lack of attention and maintenance of the rubber plants for a long period, wild growths or shrubs spread over the area and consequently major part of the rubber plantation became extinct. However a few rubber trees remain even now in the property, though in a scattered manner. When the labour disputes were settled the appellant made arrangements to replant the whole area with rubber. But at this juncture the Forest Officials obstructed the appellant from carrying on the said work on the plea that the area forms part of vested forest. As his requests to the Forest Officials to desist from obstructing him did not yield favourable results, he filed the application under S.8 of the Act for the declaration as aforesaid.

3. In the counter statement-filed by the Divisional Forest Officer on behalf of the State of Kerala and the Custodian of Vested Forests the following contentions, inter alia, are raised: The property described in the application was a portion of the private forest in Arakkurissi village of Mannarghat taluk, falling within the purview of the repealed Madras Preservation of Private Forests Act, 1949 (for short 'the M.P.P.F. Act'), and on the coming into force of the Act of 1971 the property has vested in the Government. The rubber trees grown in the area before 10-5-1971 were burned and practically got destroyed and the rubber plants now seen in the area are those planted after 10-5-1971. Since the area has vested in the Government on the said date, Ext.Al assignment deed of 1972 has no legal validity.

4. The application was dismissed on 7-9-1977 against which the appellant had preferred M.F.A. No. 210 of 1977 in this Court and the case was remanded to the Forest Tribunal as per judgment of this Court dated 13-6-1979, setting aside the earlier order of the Forest Tribunal. The parties were allowed to adduce further evidence and the Forest Tribunal was directed to dispose of the application afresh. After remand both sides let in further evidence. As per the impugned order the Forest Tribunal held that since there were only few rubber trees "here and there" in the property on 10-5-1971 the land cannot be treated as principally used for cultivation of rubber as on the appointed date. Hence it was found that the disputed area has vested in the Government being a private forest within the purview of the Act (except in regard to 2 acres). Accordingly the Forest Tribunal passed the impugned order.

5. The recitals in Ext.Al assignment deed show that as per the licence dated 21-3-1961 granted by the Rubber Board rubber had been planted in an area or of 300 acres including the disputed land, that rubber trees were destroyed by fire which broke out before and after